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Contents (1995 - 62)
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Births, Deaths and Marriages Registration Act 1995 No 62
Current version for 4 May 2016 to date (accessed 27 March 2017 at 05:57)
Part 1
Part 1 Preliminary
1   Name of Act
This Act is the Births, Deaths and Marriages Registration Act 1995.
2   Commencement
This Act commences on a day or days to be appointed by proclamation.
3   Objects of Act
The objects of this Act are to provide for:
(a)  the registration of births, deaths and marriages in New South Wales, and
(b)  the registration of adoption information, and
(c)  the registration of changes of name and the recording of changes of sex, and
(d)  the keeping of registers for recording and preserving information about births, adoptions, deaths, marriages, registered relationships, changes of name and changes of sex in perpetuity, and
(e)  access to the information in the registers in appropriate cases by government or private agencies and members of the public, from within and outside the State, and
(f)  the issue of certified information from the registers, and
(g)  the collection and dissemination of statistical information.
4   Definitions
(1)  In this Act:
adult means a person who is 18 or above or, although under 18, is or has been married.
birth includes a stillbirth.
birth certificate means a certificate issued under section 49 as to the particulars contained in an entry in the Register in relation to a person’s birth.
birth registration statement see section 14.
change of name includes an addition, omission or substitution.
child includes a stillborn child.
corresponding law means a law of another State that provides for the registration of births, deaths and marriages.
death does not include a stillbirth.
disposal of human remains means:
(a)  cremation of the remains, or
(b)  burial of the remains (including burial at sea), or
(c)  placing the remains in a mausoleum or other permanent resting place, or
(d)  placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research, or
(e)  removal of the remains from the State (but not if the remains have been cremated or are taken from the State by sea and buried at sea in the course of the voyage).
doctor means a registered medical practitioner.
exercise a function includes perform a duty.
function includes a power, authority or duty.
funeral director means a person who carries on the business of arranging for the disposal of human remains.
prohibited name means a name that:
(a)  is obscene or offensive, or
(b)  could not practicably be established by repute or usage:
(i)  because it is too long, or
(ii)  because it consists of or includes symbols without phonetic significance, or
(iii)  for some other reason, or
(c)  includes or resembles an official title or rank, or
(d)  is contrary to the public interest for some other reason.
registrable event means a birth, adoption or discharge of adoption, change of name, change of sex, death or marriage.
registrable information means information that must or may be included in the Register1.
Register see section 43.
registering authority means an authority responsible under a corresponding law for the registration of births, deaths and marriages.
Registrar means the Registrar of Births, Deaths and Marriages holding office as such under Part 2 of the Public Sector Management Act 1988.
State includes a Territory.
stillbirth means the birth of a stillborn child.
stillborn child means a child that exhibits no sign of respiration or heartbeat, or other sign of life, after birth and that:
(a)  is of at least 20 weeks’ gestation, or
(b)  if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, has a body mass of at least 400 grams at birth.
(2)  Notes in the text of this Act do not form part of this Act.
 1See section 43 (2)
4A   Application of Act to relationships under the Relationships Register Act 2010
This Act and the regulations apply to a relationship that the Registrar determines may be registered under the Relationships Register Act 2010 in the same way that they apply to a registrable event.